Filing a personal injury claim is important for securing compensation after an accident, but denials are common. It is essential to understand why claims get rejected and what steps to take next. A denial does not mean your case is over — appealing can help you recover what you deserve. Working with a New Jersey car accident lawyer makes sure you get the legal support to fight back.
We have found that claims are often denied due to missing information, disputes over fault, or insurance policy limits. They are not always final, and victims cannot assume there are no options left. Make sure to review the denial carefully and take action if needed.
Common Reasons for Personal Injury Claim Denials
Lack of Sufficient Evidence
Sometimes, the insurance company might say there is not enough proof that your injuries happened because of the accident. They need to see things like the official accident reports, your medical records from the doctor, and what people who saw it said, called witness statements. If you do not have these important papers, the insurance company might deny your personal injury claim.
Disputes Over Liability
Another reason your personal injury claim might be denied is if the insurance company says their person was not to blame for the accident. This is called a dispute over liability. In New Jersey, there is a rule that says if you were partly at fault for the accident, the money you get might be less, or you might not get any money at all. This is called comparative negligence. The insurance company might say you were at least partly responsible for what happened.
Delayed Medical Treatment
If you wait too long to go to the doctor after an accident, the insurance company might think your injuries were not very bad. They might also say that your injuries were not from the accident at all. It is important to see a doctor quickly after an accident. This helps show that your injuries are serious and that they happened because of the accident. Waiting too long can cause the insurance company to deny your personal injury claim.
Missed Deadlines
It is very important to know that there are time limits for filing a personal injury claim. These time bounds are called deadlines. If you do not file your claim before this time is up, the insurance company will automatically deny it. These deadlines are the law, so you must file your claim on time.
Steps to Take After a Claim Denial
Review the Denial Letter Carefully
The first thing to do when your personal injury claim is denied is to read the letter the insurance company sent you very carefully. This denial letter will tell you exactly why they said no to your claim. You need to understand each reason they give. Check if they say you are missing some information or if there was a mistake.
Gather Additional Evidence
After you know why your claim was denied, the next thing to do is try to find more proof to help your case. This might mean getting more medical records from your doctor, getting the official police reports about the accident, or taking pictures of where the accident happened. You could also ask people who saw the accident to write down what they saw. This is called getting witness statements. Getting more proof can make your claim stronger.
File an Appeal with the Insurance Company
Most insurance companies let you ask them to look at their decision again if they deny your personal injury claim. This is called filing an appeal. To do this, you usually need to write a letter to the insurance company and explain why you think their denial was wrong. You should also send them any extra papers or proof you have collected. Make sure you follow the insurance company’s rules for how to file an appeal so they will consider your request.
Legal Options for Fighting a Denied Claim
Filing a Complaint with the State Insurance Department
If you think the insurance company was not fair when they denied your personal injury claim, you can tell the state insurance department in New Jersey. This department watches over insurance companies and can look into situations where they might have done something wrong, called bad faith insurance practices. If the department finds that the insurance company was unfair, they might make them fix the problem. This is something you can do if you think you were treated unfairly.
Negotiating a Settlement
Even if your personal injury claim was denied, you might still be able to agree on an amount of money with the insurance company. This is called a settlement. A good attorney can help with this. They can use strong legal reasons and the proof you have to argue against the unfair denial. Insurance companies are often more likely to offer a fair settlement when you have a lawyer because they know the lawyer could take them to court.
Taking the Case to Court
If you cannot agree with the insurance company after trying to appeal and talk to them, you might need to take the case to court by filing a lawsuit. This is a more serious legal process where a judge or a jury will decide what happens with your personal injury claim. Going to court can take more time and effort, but sometimes it can lead to getting more money than what the insurance company might have offered in a settlement.
Strategies for Strengthening a Personal Injury Claim
Seek Immediate Medical Attention
One of the best things you can do to make your personal injury claim stronger is to seek immediate medical attention after an accident. When you see a doctor right away, they can write down all your injuries. This record helps show that your injuries are real and that they happened because of the accident.
Keep Detailed Records
Keeping good and detailed records is another important way to strengthen your personal injury claim. This means keeping all your medical bills, any accident reports that were made, and all the letters or emails you get from the insurance company. You should also write down how much pain you are in, how your recovery is going, and if your injuries have changed the way you live your life. These records give strong support to your claim.
Conclusion
Getting a personal injury claim denied does not mean your case is over. It is still possible to challenge the decision and get the compensation you deserve. Taking the right steps can help you succeed. We have seen that knowing why claims are denied, gathering strong evidence, and working with a lawyer can make a big difference.
Insurance companies cannot always be trusted to offer fair settlements. Make sure to act quickly and explore all legal options. If your claim was denied, New Jersey Injury Lawyers, P.C. is ready to help you through the appeal process. We are here to support you.
